The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1887-04-19

| wreck when IL occurred was ABOUT
so yards away coming west on
I wagon.
Ed Hurley knew defendant; his
reputation was generally good.
w. 3. Marker was member of the
grand jury which indicted the defend
ant remembered something was said
about a man with patch on his eye,
but thought it was not Rosenthal who
testified to it.
Frank Schultz was also a member
of the grand jury but did not remem-
Der the testimony. At this juncture
the jury was sent out and long ar
gument on the admission of certain
letters was made and pending decis-
ion, court adjourned to 8 a. m.
to-day.
WEDNESDAY MORNING
MORNING SESSION.
Court reeonvened promptly at 8
a. m, and the following were arraign-
ed /: .Jno. j. Kelly on three indict-
ments by the grand jury, respectively
for permitting minors to frequent his
saloon, permitting minors to play
pool therein and selling liquor to
minors. The defendant pleaded not
guilty to each charge and was recog-
nized in the sum of 500 each charge
to appear and answer next Monday.
Al. Gordon was arraigned for sell
inc liquor to minors and pleaded not
guilty. He gave bond in the sum of
800, with ID. David as surety, for
his appearance next Monday.
The case of Jos. Johnson, colored,
charged with assault to kill, was
continued until next Monday and the
witnesses discharged until that time.
The cases of Turner and Nc
Bowers also went over, the first till
Monday and the latter to Thursday.
The hearing of the Hamilton case
was then resumed. The court stating
that the letter of the witness r senth-
al TO the "Brother Knight" Carpen-
ter would be admitted as contradict
ing his testimony. The letter was
read TO the jury, and stated the writer
ROsenthal had been an eye witness
to the wreck but had for the sake of
wife, family, and brethren of the
noble order kept it TO himself and
told no one, that he had evaded an
appearance at court after subpoena,
that he was wrongly accused of having
Joined "Furlong's cut threats" that
he would rather 90 TO hell than 60
back on the boys, etc. The next
paper admitted was the record of the
Indictment and quahsing of the IN
dictment against Rosenthal for grand
larceny in the November court of
1885.
The defense then introduced the
record to show that the witness
had not been subpoenaed at the No
vember term of court.
The State introduced John belong
who swore that he had served a subp-
oena on the witness, Rosenthal, in St.
Louis, for the November term of
court.
In rebuttal the state introduced the
following evidence:
Peter Rockwell, readmaster, swore:
The cause of the wrecking of the
train was the removal Of the fish
plates and spikes and moving in of a
rail. This removal was in a cut. The
engine ran 10 or $50 feet before
tnrning over. 1t ran outside the
cut.
Dan Grove swere: Was general
yard master at the time Of the wreck;
was in the caboOse of the wrecked
train. The engine ran about five car
lengths before turning over. after it
lett the track, the fish plates had been
removed from the rails in cut. L
saw them; | worked all night at the
wreck.
This closed the evidence and after
reading the instruction of the counsel
the court submitted the case to the
jury with its instructions and the jury |
was placed in charge ofDeputy Sheriff
Bowers.
Lie SdHIc CASE, Sldlc Ns. OOllu NOI- |
Inns, ct al. was then called by the
court. The state announced ready !
to proceed and retired for consulta-
ton.
After ali absence of less than FIVE
minutes the jury announced ready to
render its verdict and were brought |
in and returned a verdict of not |
guilty.
The prosecution then announced |
ready TO proceed and selected the
case of Fred Page and jury was i'm
paneled.
Isaac Clay and Hannah Washing
ton were arraigned for keeping baw-
dy house near Georgetown; both